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Suspect in criminal proceedings. Assistance from a lawyer to a suspect. Suspect notification and suspect rights

Suspect in criminal proceedings. Assistance from a lawyer to a suspect. Suspect notification and suspect rights

It’s always unpleasant when you are suspected of committing something bad or negative, especially when you really haven’t done anything like this or if your actions were evaluated and perceived by the prosecution (prosecutor, investigator) unilaterally and biased.

Being ranked as a criminal suspect (as the crime is now called) is a serious and unpleasant question. The very news of the possibility of such an event makes you properly prepare for it.

It is immediately necessary to understand what counterarguments or evidence are needed, which will be used to prove the bankruptcy of the prosecution.

Also, as they say on the shore, it is better to decide in advance with a lawyer who has practice in the criminal process.

No, of course, you can be well legally savvy, even have a law degree and represent your interests in a criminal case on your own. It should be remembered that having received the status of a suspect, you may be deprived of all or part of the freedom of movement, communication, a number of documents for a long time, property and money may be arrested by the court, which will significantly complicate your protection.

Imagine the difficulty of obtaining the necessary certificate, document in remote access, difficulties in communicating with witnesses and relatives, possible secret monitoring of your actions by police operatives, etc., illegal pressure from the law enforcement system.

To ensure mobility, access to evidence and information that will protect you from accusations, protection from lawlessness of the “security officials”, a criminal lawyer is just involved.

Who is the suspect.

To transfer you to the rank of a suspect, you must have sufficient evidence to suspect you of a criminal offense.

How much of this evidence is "sufficient" is an estimated category, in each case this "sufficiency" is determined individually by the investigator or prosecutor.

In practice, this often leads to extremes and unreasonable decisions of the prosecution.

For example, you can become a suspect if you have testimonies from one or two witnesses who saw you at the crime scene or your actions in relation to the object or the fact of confiscation of objects or instruments of crime from you. Even if there is evidence that the seized does not belong to you, that the false witnesses are in fact agents of law enforcement or that you can provide other witnesses, it will not help you.

That is, there is no direct evidence, but the aggregate of collected indirect evidence (testimony, video material evidence) can be considered by the police as sufficient for suspicion.

In another case, physical evidence and testimony can be measured in dozens of units (as in cases of bilateral fights, hooliganism, domestic violence), and the prosecution may consider them insufficient.

In such cases, without a lawyer, it will be difficult for you, since the theory of the Criminal Code and the Code of Criminal Procedure is difficult to apply to specific life circumstances.

So, you are a suspect if:

  • • You are detained on suspicion of a criminal offense;
  • • You have been notified of suspicion by an investigator or prosecutor (NABU agent);
  • • You have not been notified of the suspicion, but a notification of the suspicion has been drawn up and law enforcement officers are looking for you to present the suspicion and apply their capabilities to you, taking into account your “new” status

In which cases they are notified of suspicion.

The police (another authorized person) have the right to detain you and bring you to the investigator (prosecutor), after which the prosecution should notify the detainee of suspicion within 72 hours (article 211 of the Code of Criminal Procedure of Ukraine) in such cases:

1) You are detained at the scene of the criminal offense, or immediately after its commission (as it is written in the literature: caught at the scene of a crime);
2) one of the preventive measures prescribed by law has been chosen in relation to you (for example, well-known detention or signing off);
3) sufficient evidence has been collected against you that gives rise to suspicion of committing a criminal offense (article 276 of the Code of Criminal Procedure of Ukraine), which we stopped earlier.

Order Suspicious notification.

The preparation and procedure for notification of suspicion is assigned by law to the prosecutor or investigator as agreed with the prosecutor.

The notice must contain:

1) Name and position of the originator of the notice (investigator);
2) your data (name, date and place of birth, place of residence, citizenship);
3) All details of the criminal proceedings in which you are informed of suspicion;
4) The essence of suspicion (that you did illegal);
5) The legal qualification of actions in terms of the Criminal Code with reference to the relevant norm (article and its part) of the Criminal Code;
6) A summary of the factual circumstances of the crime event (place, time, situation) in which you are suspected;
7) Clarification of rights as a suspect (Art. 42 of the Code of Criminal Procedure);
8) Signature of investigator and prosecutor.

A notification of suspicion shall be served on the day it is drawn up, and if such delivery is not possible - in the manner prescribed by law for the delivery of communications in criminal proceedings (Article 111 of the Code of Criminal Procedure).

Adequate confirmation of receipt of a notice of suspicion or familiarization with its contents is:

  • • Your signature on receipt of notice, including at the post office,
  • • video of the delivery of the notice to you,
  • • any other information confirming the fact that a person was suspected or familiarized with its contents.

If you are detained, a written notice of suspicion will be given to you no later than twenty-four hours after the arrest. Otherwise, after twenty-four hours from the moment of detention, you are subject to immediate release.

All information about suspicion is immediately entered by the investigator into the Unified Register of Pre-trial Investigations.

With all this, it should be noted that the problem of composing and handing up Suspicion is assigned to law enforcement officers, you are not at all obliged to meet them in this matter (for example, sign or arrive to present suspicions).

It should be noted that in any communication in the criminal case or subpoena (Articles 135-137 of the Code of Criminal Procedure) your procedural status must be indicated. At the same time, law enforcement officers are often cunning, calling to themselves as a "witness", with the aim of presenting suspicion, that is, cheat.

As can be seen from the above, a lot of questions arise, a reliable and experienced lawyer should become a reliable assistant in resolving them.

Rights of the suspect.

These rights arise from the moment you are notified of the suspicion.

The lawyer with whom you are supposed to communicate before the first interrogation will explain the rights in detail. Still, he will stop briefly on the rights of the suspect:

  • • know what criminal offense he is suspected of;
  • • Be clearly and timely notified of your rights and receive clarifications;
  • • upon request, to have a lawyer and a meeting with him before the first interrogation, and then to have such visits without limiting their number and duration; on the participation of a lawyer in interrogation and other investigative actions, on the training of a lawyer at the expense of the state;
  • • do not testify about suspicion;
  • • give explanations, testimony regarding suspicion, or at any time refuse to give them;
  • • require verification of the lawfulness of the detention;
  • • in the case of detention or the application of a preventive measure in the form of detention - to immediately notify family members, close relatives or other persons thereof;
  • • collect and present evidence;
  • • participate in investigative actions;
  • • when conducting investigative actions, ask questions, submit comments and objections regarding the procedure for conducting actions that are recorded in the protocol;
  • • to use, subject to the requirements of the law, technical means when conducting investigative actions in which he participates;
  • • get acquainted with the materials of the pre-trial investigation;
  • • receive copies of procedural documents and written communications;
  • • appeal against decisions, actions and inaction of law enforcement officers;
  • • to demand compensation for damage caused by illegal decisions, actions or inaction of law enforcement officials, as well as restoration of reputation if suspicion, charges have not been confirmed;
  • • use the native language, receive copies of procedural documents in the native language.

Do you have problems with law enforcement and need a lawyer?
Are you suspected of a criminal offense?
Have you been detained on suspicion of him?
Contact our law firm! Our attorneys will accompany you at all stages of this procedure and will achieve a positive result!

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